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New Build Fence question

here is an unusual question :

Simple put this is the situation !!

We bought a new build house in November. The back garden is surrounded on 3 sides by fence. The builder has built NEW fence along 1 FULL side and the Rear, but on the remaining side, they have built 1/2 a "new fence" and ran it up to "meet" the Existing fence. It is obvious that the "original" fence was the boundary fence put up around the site.

2 Problems..

a)
Minor Problem : The "new" fence is a different colour from our fence (it has had 12 months of weathering), and indeed every other fence on site

b)

Major Problem.

the "existing" fence was built when site was first acquired and is 6ft high (measured FROM ground level). The garden however, is NOT level and "drops off" by about two feet from right to left. When we asked about this initially we were told that the garden would be "levelled". I assumed this to mean brought to the SAME level all over, the builder interpreted this as taking the lumps out, but leaving the slope in. So when i have the garden levelled (ie brought up to the same level as patio), the existing fence will only be about 4 ft high (thereby not being effective for Privacy)

The builder is adamant that the fence IS 6ft high, and the colour difference is my problem.

I have two questions :

Is there a "standard" (nhbc or similar) that governs External works such as fences
How you you guys think this would stand up in County Court if i were to go ahead and have work done and sure them for costs (inc any surveyor if required)

:confused:

Comments

  • adr0ck
    adr0ck Posts: 2,374 Forumite
    Part of the Furniture Combo Breaker
    nhbc - no

    whos fence is it...yours or your neighbours?

    if you have the garden levelled then your going to have to have a retaining wall built - surely?
  • Sorry, but I agree with the builder re levelling. It means the surface will be cleared of lumps and bumps, not that the lower end of the garden will be built up to the level of the upper end.

    As for the colour ...... just paint it. In years to come, you'll have the same problem anyway, if a panel is replaced due to damage, for example.
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • SquatNow
    SquatNow Posts: 2,285 Forumite
    You've got no leg to stand on.

    Sorry, but the fence will fade to match in a year or so and there is no law saying how high a fence should be unless it says it in the contract.

    FWIW they could take it down and put up a single strand of wire... as long as the boundary is marked/fenced then that it.

    Of course if your contract says "6ft high fence" then it's a different matter.

    Remember, tall, solid fences are a modern thing... in the old days you'de have a 4ft chainlink fence... which was great because it would help you get to know your neighbours.

    Personally I think we should go back to 4ft chainlink fences and try building some community spirit again.
    Bankruptcy isn't the worst that can happen to you. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts.
  • dukesy_2
    dukesy_2 Posts: 141 Forumite
    The fence is OURS

    The landscaper I intended using has reccomend that sleepers or similar could be used to retain. Its prob nearer to a 1ft difference TBH....But thats only my impression ?

    Shames theres no NHBC or equiv to have a standard to what is "reasonable"
  • Doozergirl
    Doozergirl Posts: 34,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It's reasonable that a developer gives you a smooth garden. It isn't reasonable to expect a developer to change the natural lie of the land unless you pay extra for it. When you buy a new build you get 'bog standard' unless you pay to upgrade.

    Paint the fence. You should do it anyway with something to keep it protected.
    Everything that is supposed to be in heaven is already here on earth.
  • ixwood
    ixwood Posts: 2,550 Forumite
    Not forgetting all the hardcore, rubble and general rubbush that's bound to be under it. Maybe that's why it's not level? ;)
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